1. Introduction
This report was prepared as a result of the Peace Institute’s research activities within the
project ‘JUSTICE FOR ALL - Enhancing the Rights of Defendants and Detainees with
Intellectual and/or Psychosocial Disabilities: EU Cross-Border Transfers, Detention and
Alternatives’.
Respect for fundamental rights is vital to build mutual trust between the European Union
Member States and ensure the good functioning of cross border cooperation. The
Stockholm Programme urged to take efforts to strengthen mutual trust and render the
principle of mutual recognition in the area of detention more efficient.
In 2021, the Conclusions on the Protection of Vulnerable Adults across the European
Union noted that “vulnerable adults who are suspects or accused persons in criminal
proceedings may experience a number of difficulties that may impair the full exercise of
their procedural rights and may undermine the right to a fair trial” and that “the EU and
its institutions should respond to the problems and difficulties faced by European citizens
in exercising their rights, especially in cross-border situations, and must ensure full and
effective access to justice for all European citizens”.1
Against this background, it should not be forgotten that, for the first time in history, the
EU has ratified a UN treaty: the UN Convention on the Rights of Persons with Disabilities
(CRPD), together with all EU Member States. The CRPD, adopted in 2006 and which
entered into force in 2008, marked a breakthrough in setting minimum standards for
rights of persons with disabilities and was defined as a ‘paradigm shift’ in approach to the
concept of ‘disability’ in international human rights law.2
The EU is progressing with the implementation of the CRPD in several areas and has
recently adopted EU Disability Strategy 2021-2030. Amongst other things, the Strategy
recalls the UN International Principles and Guidelines on Access to Justice for Persons with
Disabilities and plans that the EU will provide guidance to Member States on access to
1
Council of European Union, Draft Council Conclusions on the Protection of Vulnerable Adults
across
the European Union § 30.
2
UNCRPD Commentary, OUP 2018.
1